Bombay High Court
Ajay Suresh Orpe And Anr vs The State Of Maharashtra Throu. Its ... on 6 January, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-AS:1233 ORPE JUDG- WP-7845-2024.DOC
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2025.01.10
22:40:39
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7845 OF 2024
1. Ajay Suresh Orpe,
Age: 48 yrs., Occ. Agriculturist,
2. Ganesh Suryakant Pharate,
Age : 40 yrs., Occ. Agriculturist,
Both R/o. At Post Daund, Taluka Daund,
District Pune. ... Petitioners
Versus
1. The State of Maharashtra
Through its Revenue and Forest Department,
Government of Maharashtra, Mantralaya,
Mumbai.
2. The Collector, Pune.
3. The District Mining Officer,
And Additional Collector, Pune, Pune - 1.
4. The Tahasildar,
Taluka Daund, District Pune.
5. The Sub-Divisional Officer,
Taluka Daund, District Pune.
6. Shri Arun Shelar,
At present working as
Tahasildar, Taluka Daund, District Pune. ... Respondents
Mr. Suresh Sabrad a/w Mr. Amey Sawant, Neha Zanje i/b. Pratik Sabrad,
for the Petitioners.
Ms. P.J. Gavhane, AGP for the Respondents-State.
_______________________
Pallavi Wargaonkar, PS Page 1 of 9
::: Uploaded on - 11/01/2025 ::: Downloaded on - 13/01/2025 21:24:29 :::
ORPE JUDG- WP-7845-2024.DOC
CORAM: G. S. KULKARNI &
ADVAIT M. SETHNA, JJ.
DATE: 6 JANUARY 2025
_______________________
ORAL JUDGMENT (Per Advait M. Sethna, J.) :
1. Rule, made returnable forthwith. The respondents waive service.
By consent of the parties, heard finally.
2. The petitioners have filed the present petition under Article 226
of the Constitution of India, 1950 ("Constitution of India" for short) . The
petitioners have approached this Court being aggrieved by the inaction on the
part of the respondent nos. 1 to 5 pursuant to and despite non-compliance of
the directions passed vide letter dated 30 January 2024 addressed by the
respondent nos. 2/3 to Respondent no. 5.
3. Briefly, by such letter the respondent no. 5 directed to investigate
into illegal sale of around 780 brass of excavated sand and sludge from Bhima
riverbed, which was confiscated by respondent no. 6. The respondent no.5 was
directed to file its report on such investigation within 7 days with respondent
nos. 2/3.
ORPE JUDG- WP-7845-2024.DOC
4. By a report respondent no. 4 dated 2 November 2023 and order
of respondent no. 2 dated 3 November 2023 on such report, directions were
issued to distribute such confiscated sand and sludge to the household
beneficiaries under the 'Pradhan Mantri Awas Yojana' (Prime Minister
Housing Scheme) ("the said Housing Scheme" for short). It is in such backdrop
that the present petition is filed. The substantive prayer in the petition is
reproduced thus:-
"(b) by an appropriate writ, order or direction, this Hon'ble
Court be pleased to direct the Respondent No.2 to take
appropriate action against Respondent No.6 Shri Arun
Shelar, Tahasildar, Daund, Pune, and initiate appropriate
civil, criminal and disciplinary proceedings against him for
illegally selling around 780 brass of sand and sludge which
was confiscated pursuant to report dated 02.11.2023 and
03.11.2023 and which directed to be distributed to
household beneficiaries of 'Pradhan Mantri Awas Yojana
(Prime Minister Housing Scheme".
5. The relevant facts necessary for adjudication of this petition are as
under:-
6. A tender was awarded to one Mr. Bhujangrao Nagwade for the
purpose of excavation of sand and sludge from Bhima riverbed, in Daund,
Pune and thereafter for the purpose of transportation and sale of the same from
ORPE JUDG- WP-7845-2024.DOC
the depo. The petitioners claim that the said Shri Nagwade was carrying out
illegal excavation in violation of the tender terms.
7. The petitioners would contend that on 1 November 2023,
respondent no. 4 along with Inspection Squad and Naib Tahasildar inspected
the riverbed of the Bhima river and certain illegalities in the excavation work
were detected. On the said date, a report was filed by respondent no. 4 to the
effect that part of such sand and sludge which was excavated and stockpiled at
the Bhima riverbed for transportation and sale violated the tender.
8. On 3 November 2023 respondent no.2 by an order of the said
date, cancelled tender awarded to Mr. Nagwade vide order dated 10 July 2023,
directing confiscation of 780 brass of sand and sludge. As per said order dated
3 November 2023, such confiscated sand and sludge was directed to be
distributed to the beneficiaries of the said Housing Scheme and the remaining
sand and sludge was directed to be sold for Government purposes. It is the
petitioners' case that respondent no. 6, i.e., the concerned Tahasildar, Daund,
District Pune illegally sold the entire 780 brass of sand and sludge in
contravention of the order dated 3 November 2023 passed by respondent no.
2.
9. In the above backdrop, it was on 1 January 2024 that the
petitioners made a representation to respondent nos. 1 to 5 pointing out the
ORPE JUDG- WP-7845-2024.DOC
facts as narrated above and calling upon the respondent authorities to take
appropriate steps with regard to the appointment of an independent officer for
the purposes of carrying out an independent inquiry into alleged illegal
acts/omissions of respondent no. 6 and to take further appropriate action
including suspension of respondent no. 6. The petitioners would contend that
such illegal acts of the said respondent no. 6 caused huge loss to the State to the
extent of Rs. 1,95,00,000/-. The petitioners also filed an application dated 1
January 2024 under the Right to Information Act, 2005 seeking information
as to the list of beneficiaries to whom the confiscated brass of sand and sludge
was distributed, pursuant to the order dated 3 November 2023 passed by
respondent no. 2.
10. The petitioners received a reply dated 25 January 2024 to its RTI
application dated 1 January 2024. The petitioners were so informed that such
confiscated sand and sludge was not distributed to the beneficiaries of the said
housing scheme and also that the list of beneficiaries was not available.
11. In view of the above, respondent no. 2/3 by its communication
dated 30 January 2024 directed the respondent no.5 to inquire and investigate
into the actions of respondent no. 6 and file its report with respondent no.2/3,
within a period of 7 days from the said date.
ORPE JUDG- WP-7845-2024.DOC
12. The petitioners through its advocate addressed legal
notice/representation dated 4 March 2024 of respondent no. 2 once again
calling upon the said respondent, i.e., the Collector to take appropriate action
against respondent no. 6 in terms of the aforementioned facts and
circumstances.
13. We have heard the learned counsel for the parties and with their
assistance perused the record.
14. We find that in the facts of the present case, the petitioners are
primarily aggrieved by the inaction of the respondent nos. 1 to 5, in so far as
the inquiry/ investigation to be conducted against respondent no. 6 in terms of
the allegations concerning the illegal excavation and sale of confiscated 780
brass of sand and sludge, and the involvement of respondent no. 6 in this
regard who, according to the petitioners is guilty of gross misconduct.
15. We find that by letter dated 30 January 2024 respondent nos. 2/3
directed the respondent no. 5 to inquire, investigate into the action of
respondent no. 6 and file its report with respondent no. 5 within 7 days. The
english translation of the said letter is reproduced as under :-
"COLLECTOR OFFICE, PUNE
(Mining Branch)
B Wing, fourth floor, Pune
/Mining/W.S./191/2023
ORPE JUDG- WP-7845-2024.DOC
Date: 30.01.2024
Immediate
To,
The Sub-Divisional Officer, Daund.
Subject :- Complaint of serious nature regarding directly disposing
of the sand i.e. silt and silt mixed sand excavated from Bhima river
bed at village Daund, Tal. Daund, District Pune, seized from the
depot where the same was kept.
Reference:-
Application dated 01.01.2024 of Shri Ganesh Suryakant
Farate, residing at Daund. District Pune (Received on the
date 23.01.2023)
Shri Ganesh Suryakant Farate, residing at Daund, District
Pune has submitted application to this Office and has
made a complaint of serious nature therein regarding
directly disposing of the sand i.e. silt and silt mixed sand
excavated from Bhima river bed al village Daund, Tal.
Daund, District Pune, seized from the depot where the
same was kept and in pursuance of the said complaint, the
Collector has given directions to immediately submit
report in respect thereof.
The original application of Shri Farate is enclosed
herewith. The said application should be perused and
detailed enquiry in respect of the points mentioned in the
said complaint application should be made as per the
Rules. Moreover, the explanation of the Tahasildar
concerned about the same should be obtained and self-
explanatory and factual report on the points mentioned in
the complaint application, together with the application
and necessary record, should be submitted to this Office
within 7 days under any circumstances.
Encl. Original application containing page no. 01 to 13
Sd/-
(Jyoti Kadam)
ORPE JUDG- WP-7845-2024.DOC
Resident Deputy
Outward Number - 865/7/2/2024."
16. A plain reading of the above makes it clear that respondent no.
2/3 categorically directed respondent no. 5 to conduct inquiry and file its
report on the allegations against respondent no. 6, with the office of
respondent nos. 2/3 within 7 days of the said date, i.e., 30 January 2024. It
appears from the record that no such inquiry was conducted and or reports
submitted by respondent no.5, despite specific directions issued by respondent
nos. 2/3 to respondent no. 5, to submit such report. The respondents would
not dispute such factual position.
17. In exercise of the jurisdiction of this court under Article 226 of
the Constitution of India, we do not intend to delve into the merits,
correctness or otherwise of the allegations made by the petitioners against the
respondent no. 6, which falls within the domain of concerned authorities.
Suffice it to say, in the interest of justice, we deem it fit and appropriate to
direct the respondent no. 5 to make the necessary inquiry in accordance with
law and submit a detailed report to respondent no. 2/3, no later than 4 weeks
from the date of this order being presented to the said respondents. In carrying
out such exercise, the respondent no. 5 shall consider the letters/representation
of the petitioners. The respondent nos. 2/3 shall thereafter take appropriate
ORPE JUDG- WP-7845-2024.DOC
steps/actions in accordance with law, no later than 4 weeks from date of
receiving the aforesaid report. The petitioners then are at liberty to adopt
appropriate proceedings.
18. We make it clear that we have not expressed any opinion on
merits of the matter. All contentions of all the parties are expressly kept open.
The petition is accordingly disposed of. No costs.
(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.)
